Author: Devanshu Sajlan* Jurisdiction: United States United Kingdom India Topics: ADR Patents Evidence The landscape of international arbitration is built upon the pillars of party autonomy and the finality...
Search Results for : Limits to Party Autonomy
Authors: Maud Piers* and Dirk De Meulemeester** Published: August 2014 Description: I. INTRODUCTION 1. Arbitration is a method of alternative dispute resolution that is based on party autonomy. In other...
A New Arbitration Law for Belgium: UNCITRAL Enters the Scene ...
...the interpretation of EU law, ensuring its full effectiveness. More specifically, founded on the standard jurisprudence of the CJEU, commercial arbitration is a mechanism solely based on private autonomy. Thus,...
Unpacking the New Greek Law on International Commercial Arbitration
...of party autonomy, one issue is how arbitrators are self-selected instead of being chosen by the parties. This takes away one of the advantages of arbitration of appointing, with parties’...
Blockchain Arbitration: Promises and Perils
...This naturally poses a challenge in proceedings implicating consolidated hearings or the impleadment of non-signatories. Secondly, the provision limits the exceptions to confidentiality to the disclosure of the award for...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...arbitration clause may restrict access to the third party by filing a request for arbitration. However, both proceedings (arbitration and third-party deference) may be conducted in parallel, without necessarily existing...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...that “[t]he parties shall be treated with equality and each party shall be given a full opportunity of presenting his case.”[12] If a party “was otherwise unable to present his...
Is it appropriate to conduct a remote hearing under the ...
...mechanism for dispute resolution and has become increasingly popular in the Brazilian mining industry. With its specialized expertise, confidentiality safeguards, cross-border enforceability, and the empowerment of party autonomy, arbitration can...
Mining Arbitration in Brazil
...consequences. At the stage of initiation of claims, courts and other tribunals consider the basic principle of party autonomy and the doctrine of separability. It is possible that the main...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...when the tribunal rules that the claimant is the successful party and awards damages, it disregards the presence of third-party. It is assumed that the successful party itself has paid...
TagTime with Funke Adekoya SAN – Damages and Costs: Can ...
...an arbitrator on an application by a party, are not new in the Indian arbitral jurisprudence. There have been extreme instances in which the Supreme Court has interpreted the jurisdiction...
Setting the Clock Back: Judicial Interference in the Appointment of ...
...TPF involves an extraneous party, with no prior interest in the lawsuit, who offers financial support to a party initiating, continuing, or completing litigation. In return, the third-party financer receives...